On April 30th, 2024, at around 4:36am, a deputy with the Wyoming County Sheriff’s Office was patrolling southbound on State Route 77, in the Town of Java, when a vehicle was observed traveling northbound near Beaver Meadow Road at 75mph in a marked 55mph zone. The vehicle also crossed over the yellow center line, crossing into the deputy’s driving lane. A vehicle and traffic enforcement stop was conducted on State Route 77 near Minkel Road, and while the deputy was approaching the vehicle, the driver and passenger were observed switching seats. The original driver was identified as Cristian M. Deluna, age 22 of Batavia, NY, who was asked to exit the vehicle.
During the initial interview with Deluna, he exhibited signs of possible impairment and a roadside DWI investigation was initiated. Before starting field sobriety testing, a loaded Polymer 80 G17 handgun with no serial number [Ghost Gun] was located in Deluna’s waist band, and the handgun was secured inside of the deputy’s patrol vehicle. Following standardized field sobriety testing, which Deluna performed poorly on, Deluna was arrested for Driving While Intoxicated. During the investigation, it was discovered that Deluna did not possess a NYS Pistol Permit, was a convicted felon, was on probation following a 2022 conviction for Attempted Burglary in the 2nd degree in Genesee County, and had three valid orders of protection against him preventing him from possessing any firearms. A semi-automatic rifle [AR Style] was also located in the back seat of the vehicle, as well as large capacity magazines for the handgun and rifle. Deluna’s NYS license was also suspended and revoked for a prior alcohol related offense. Deluna was ultimately charged with Criminal Possession of a Weapon 2nd degree – Loaded Firearm [Class C Violent Felony], Criminal Possession of a Weapon 3rd degree – Large Capacity Magazine [Class D Felony], Criminal Possession of a Weapon 4th degree – Ghost Gun, Criminal Possession of a Weapon 4th degree – Convicted Felon, Aggravated Family Offense [Class E Felony], 3 counts of Criminal Contempt 2nd degree, Aggravated Unlicensed Operation 1st degree [Class E Felony], Aggravated Unlicensed Operation 2nd degree, Aggravated Unlicensed Operation 3rd degree, Driving While Intoxicated, Speed Over 55mph, Failure to Keep Right, and Refusal to Take Preliminary Breath Test. Deluna was processed at the Wyoming County Sheriff’s Office and was arraigned in front of the Honorable Justice Lightcap-Cianfrini in Wyoming County Superior Court. The Wyoming County Public Defender’s Office was present to represent Deluna, and the Wyoming County District Attorney’s Office was contacted for a bail recommendation. Following the arraignment, Deluna was remanded to the Wyoming County Jail in lieu of $75,000 cash bail, $150,000 bond or $300,000 partially secured bond. Deluna is scheduled to appear in Java Town Court at a later date.
